IN THE SUPERIOR COURT OF THE STATE OF DELAWARE
ANTHONY SORANTINO, )
Plaintiff, )
)
v. ) C.A. No. N18C-10-022 ALR
)
TERRANCE NEWTON, et ux., )
Defendants. )
Submitted: May 21, 2019
Decided: June 4, 2019
Upon Defendants’ Motion to Dismiss
DENIED
ORDER
Upon consideration of the Motion to Dismiss filed by Defendants Terrance
Newton and Paula Dumpson-Newton (“Defendants”); the response thereto filed by
Plaintiff Anthony Sorantino (“Plaintiff”); the facts and arguments set forth by the
parties; statutory and decisional law; and the entire record in this case, the Court
hereby finds as follows:
1. On October 3, 2018, Plaintiff filed a civil lawsuit against Defendants
alleging breach of contract claims as a result of nonpayment for construction services
furnished. The contractual obligation arose as a result of a verbal agreement between
Plaintiff and Defendant Terrance Newton.
2. On January 22, 2019, Defendant Terrance Newton filed an Answer
denying the allegations in the complaint.
3. On January 24, 2019, Defendant Paula Dumpson-Newton filed an
Answer asserting that she is not a party to the contract at issue.
4. On May 8, 2019, Defendants filed a motion to dismiss (“Motion to
Dismiss”) Plaintiff’s complaint on the grounds that Plaintiff was compensated for
the work performed, thereby satisfying the contract.
5. On May 21, 2019, Plaintiff filed a response in opposition to the Motion
to Dismiss.
6. On a motion to dismiss for failure to state a claim upon which relief can
be granted,1 the Court must read the complaint generously, accept all well-plead
allegations contained therein as true, and draw all reasonable inferences in a light
most favorable to the non-moving party.2 A complaint is well-pled if it puts the
opposing party on notice of the claim being brought against it. 3 Dismissal is
warranted only “when the plaintiff would not be entitled to recover under any
reasonably conceivable set of circumstances susceptible of proof.”4 Allegations that
are merely conclusory and lacking factual basis will not survive a motion to dismiss.5
1
Super. Ct. Civil R. 12(b)(6).
2
In re Gen. Motors (Hughes) S’holder Litig., 897 A.2d 162, 168 (Del. 2006).
3
Diamond State Tel. Co. v. Univ. of Del., 269 A.2d 52, 58 (Del. 1970).
4
Ridley v. Bayhealth Med. Ctr., Inc., 2018 WL 1567609, at *3 (Del. Super. Mar. 20,
2018) (internal citations omitted).
5
Cornell Glasgow, LLC v. La Grange Properties, LLC, 2012 WL 2106945, at *7
(Del. Super. June 6, 2012) (internal citations omitted).
2
7. To survive a motion to dismiss for failure to state a breach of contract
claim, the plaintiff must establish: (1) existence of an express or implied contract;
(2) breach of an obligation imposed by the contract; and (3) damages incurred as a
result of the breach.6 “An action for damages is the most fundamental remedy for
breach of contract.”7 To recover damages in connection with the alleged breach of
contract, the plaintiff must demonstrate substantial compliance with all provisions
of the contract.8
8. Assuming the well pleaded facts are true, Plaintiff’s complaint
establishes a potentially viable cause of action against Defendants for breach of
contract. Plaintiff alleges that he entered into a contract with Defendants to provide
construction services. At the conclusion of that contract, Plaintiff alleges that
Defendants did not pay for the full cost of Plaintiff’s services. Plaintiff is seeking
money damages in connection with the alleged breach of contract. At this stage in
the proceedings, Plaintiff has pled sufficient facts to support a claim for breach of
contract against Defendants.
6
VLIW Tech., LLC v. Hewlett-Packard Co., 840 A.2d 606, 612 (Del. 2003).
7
Vinton v. Grayson, 189 A.3d 695, 702 (Del. Super. 2018).
8
Shah v. Am. Solutions, Inc., 2012 WL 1413593, at *2 (Del. Super. Mar. 8, 2012).
3
NOW, THEREFORE, this 4th day of June, 2019, Defendants’ Motion to
Dismiss is hereby DENIED.
IT IS SO ORDERED.
Andrea L. Rocanelli
________ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ___ ________ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ______ ____
The Honorable Andrea L. Rocanelli
cc: Anthony Sorantino
Terrance Newton
Paula Dumpson-Newton
4